Retail Shop Lease Lawyer Brisbane
Retail shop lease lawyers for Brisbane businesses. We review and draft leases for landlords and tenants under the Retail Shop Leases Act 1994 (Qld), and a review includes a signed Form 12.
- Fixed fee lease review with a signed Form 12.
- Lessor disclosure statements and outgoings.
- Online, no need to come in.
We act for landlords and tenants of Queensland shops, wherever their business is based.
What the Queensland Act requires
The Act applies to leases of retail shops, including shops in retail shopping centres. A lease can’t contract out of it. The main rules are:
- Lessor disclosure statement. The landlord must give you a lessor disclosure statement and a copy of the proposed lease at least 7 days before you enter the lease.
- Form 11 and Form 12. Before you sign, you give the landlord a Form 11 financial advice report signed by a qualified accountant and a Form 12 legal advice report signed by your lawyer. You can’t waive them. They aren’t needed in some cases, such as if you lease 5 or more retail shops in Australia.
- Outgoings. You only pay the outgoings the lease specifies, and the Act caps your share by area. The landlord must give you an estimate and an audited annual statement. See retail shop lease outgoings.
- No minimum term. Queensland doesn’t set a minimum lease term, so the term and options are what you negotiate.
Your review and Form 12
For tenants, we review the lease and the lessor disclosure statement together and check that they match. We look at rent and rent reviews, the outgoings estimate, make good, the personal guarantee, options and assignment.
We sign your Form 12 as part of the review. You get written advice and a list of points to raise with the landlord.
Lessor documents and timing
For landlords, we draft the lease and the lessor disclosure statement. We set out when the documents must go to the tenant, so the 7-day period runs before signing. We also tell you to collect the tenant’s Form 11 and Form 12 before the lease is entered into.
Assignments
If you’re selling a business, the outgoing tenant gives the incoming tenant its own disclosure statement, and the landlord usually has to consent. The landlord must not unreasonably withhold consent, and if it doesn’t answer within 1 month the Act lets you treat it as a dispute. See our page on assignment of a retail shop lease.
Disputes
Most retail tenancy disputes go to mediation through the Queensland Small Business Commissioner (QSBC) first. If mediation doesn’t resolve the dispute, it can go to the Queensland Civil and Administrative Tribunal (QCAT). See disputes under the Queensland Act.
Questions
Something else? Enquire online or email us.
What if I received the disclosure statement less than 7 days before signing?
You may be able to end the lease by written notice within 6 months after entering it, unless you gave a waiver notice backed by a legal advice report before signing. Send us the lease and the dates and we'll tell you where you stand.
Taking on or granting a retail shop lease?
Send us the lease and the lessor disclosure statement, or the terms you've agreed, and we'll tell you the next step.
- Fixed fees.
- Online, Australia-wide.
- Landlords and tenants.